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California cottage food law: what you can sell from home

By Nation 11 min read

Quick answer

California cottage food law lets you make foods from the state's approved list in your home kitchen and sell them as a Class A operation, which sells directly to the public, or a Class B operation, which sells directly to the public or indirectly through restaurants and food markets. In 2026 the gross annual sales limit is $88,878 for Class A and $177,756 for Class B, and you register or get a permit from your local Environmental Health Department, since the California Department of Public Health (CDPH) does not permit or register Cottage Food Operations. Law checked on 3 Oct 2026 on the CDPH Cottage Food Operations page at cdph.ca.gov; cities and counties add their own rules, and this is general information, not legal advice.

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California cottage food law at a glance

California cottage food law is the part of the California Retail Food Code that lets a person prepare and package certain categories of non-potentially hazardous foods in the kitchen of their own home and sell them. The program is called a cottage food operation (CFO). The rules sit in Health and Safety Code sections 113758 and 114365, last changed by AB 1144, which took effect January 1, 2022.

Two agencies are involved. CDPH does not permit or register Cottage Food Operations; it keeps the Approved Cottage Food List. The registration or permit itself comes from your local Environmental Health Department, the county or city health agency where you live. The table sets out the state rules for both classes.

California cottage food rules by class
RuleClass AClass B
Who you can sell toCustomers directly to the publicCustomers directly to the public or indirectly through restaurants and food markets
Gross annual sales limit in 2026$88,878$177,756
What you get from the countyA registration, after you submit a self-certification checklistA permit, issued after an initial inspection
InspectionsClass A shall not be subject to initial or routine inspections; the county can enter only on the basis of a consumer complaintClass B shall not be subject to more than one inspection per year; other entry only on the basis of a consumer complaint
Foods allowedOnly foods on the CDPH Approved Cottage Food ListOnly foods on the CDPH Approved Cottage Food List
TrainingCottage Food Operator Training within three months of registration/permittingCottage Food Operator Training within three months of registration/permitting
Staffno more than one full-time equivalent cottage food employee, not counting family or household membersno more than one full-time equivalent cottage food employee, not counting family or household members
Renewal and areaRegistration is renewed annually; one county's registration is sufficient for a cottage food operation to operate throughout the statePermit is renewed annually; one county's permit is sufficient for a cottage food operation to operate throughout the state
Where to applyyour local Environmental Health Departmentyour local Environmental Health Department

The home can be a house, or a dwelling including an apartment or other leased space. A registration or permit is nontransferable: it covers one person, one location and the type of sales it lists.

Class A or Class B: which cottage food license in California fits

The class decides who you can sell to. A Class A operation makes only direct sales: the buyer gets the food from you. Under section 113758 a direct sale is a transaction within the state between a cottage food operation and a consumer, and it includes bake sales, farm stands, certified farmers’ markets, sales from your home and orders taken by phone or online.

A Class B operation can do everything a Class A operation does and also sell indirectly, through a third-party retailer that holds a valid permit, such as a coffee shop, restaurant or market that resells your food. In exchange, Class B needs a permit, which the county issues after an initial inspection of your kitchen, and it can face up to one routine inspection a year.

Example: a baker who sells cookies at a farmers' market and through an online order form, and nowhere else, fits Class A. If a local cafe wants to stock the same cookies, the baker needs Class B.

The California cottage food sales limit in 2026

The statute sets the limits at $75,000 for Class A and $150,000 for Class B in verifiable gross annual sales, and says they are annually adjusted for inflation based on the California Consumer Price Index. CDPH publishes the adjusted figure each year, based on the California Consumer Price Index (CPI).

For 2026 the limits are $88,878 for Class A and $177,756 for Class B. In 2025 they were $86,206 and $172,411. The limit counts gross sales, so it is the total customers paid, before ingredient and packaging costs. The CDPH Cottage Food Operations page still shows $75,000 as the Class A maximum, which is the unadjusted statute figure; the adjusted limit notice has the 2026 numbers.

Which foods California cottage law allows

You can sell only foods on the CDPH Approved Cottage Food List. The list was last reviewed in April 2026, and it groups foods into these categories:

  1. Baked Goods Without Cream, Custard, or Meat Fillings, such as bread, cookies, cakes and cupcakes. Pies (fruit only, no pumpkin).
  2. Candy and Confections, such as fudge, toffee, brittles and chocolate.
  3. Extracts Containing at Least 70 Proof or 35% Food-Grade for Human Consumption Ethanol/Alcohol, limited to the flavors named on the list.
  4. Dried, Dehydrated, and Freeze-Dried Foods, such as granola, spice mixes, tea and dried fruit.
  5. Frostings, Icings, Fondants, and Gum Pastes that Do Not Contain Eggs, cream or cream cheese.
  6. Honey and Sorghum Syrups, pure only.
  7. Fruit Butters, Preserves, Jams, and Jellies that Comply with Part 150 of Title 21 of the Code of Federal Regulations.
  8. Nuts, nut mixes and nut butters. Only roasted/pasteurized nuts are allowed.
  9. Powdered Beverage Bases/Mixes.
  10. Vinegars and Mustards.

CDPH can add or remove foods. Changes take effect 30 days after the notice has been posted on the CDPH cottage food page, and the next version of the list is due on or about November 16, 2026.

Foods you cannot sell under California cottage food law

Anything that needs refrigeration to stay safe is out. The CDPH FAQ explains the common requests: salsa is not an approved cottage food, and pickles, hot sauce and other canned low-acid foods are excluded because the process to make them safe is not approved in the CFO program. Pumpkin and sweet potato pies are excluded because Custard pies contain potentially hazardous foods like milk and eggs.

Eggs are fine inside a baked good: they are allowed as long as the product is dry once baked and does not require refrigeration. A cookie made with eggs qualifies; a custard does not. Baked goods with cream, custard or meat fillings are also outside the program, so selling them from home needs a different county permit.

How to get a cottage food license in California

The steps below follow the state rules. Each county runs its own forms and sets its own fee, so check your county environmental health page for the exact process.

  1. Check your foods against the list

    Confirm every product, and every filling and frosting in it, appears on the CDPH Approved Cottage Food List.

  2. Choose Class A or Class B

    Choose Class A if you sell only to customers yourself. Choose Class B if any shop, cafe or restaurant will resell your food.

  3. Apply to your county

    Contact your local Environmental Health Department. Class A submits a self-certification checklist and gets a registration number. Class B applies for a permit and has an inspection first.

  4. Check local zoning

    Your city or county may require a home occupation or zoning permit. State law says a city or county shall not prohibit a cottage food operation in a home, but it can require a nondiscretionary permit.

  5. Complete the training

    Finish a Cottage Food Operator Training within three months of registration/permitting.

  6. Renew every year

    Your registration or permit must be renewed annually. The registration or permit, or an accurate copy, must be retained by the operator onsite at the time of either direct or indirect cottage food sale.

Home kitchen rules for a California cottage food operation

The self-certification checklist that Class A signs, and that Class B must also follow, sets these kitchen rules in section 114365:

  • No cottage food work concurrent with any other domestic activities, such as family meals, dishwashing or laundry.
  • No infants, small children, or pets in the kitchen while you prepare, package or handle cottage food.
  • Equipment and utensils clean and maintained in a good state of repair, and food-contact surfaces washed, rinsed, and sanitized before each use.
  • Food preparation and storage areas maintained free of rodents and insects. Smoking shall be prohibited in the part of the home used for cottage food.

Selling cottage food online in California

Both classes can take orders online. A direct sale includes transactions made via the phone, internet, and any other digital method, and it can be fulfilled in person, via mail delivery, or using any other third-party delivery service. So a website, an online shop or a social media order form all count as direct sales.

There is one limit to keep in mind. Section 113758 defines a direct sale as a transaction within the state between a cottage food operation and a consumer, so shipping to customers in other states falls outside the cottage food rules. Within California, one county's registration or permit is sufficient for a cottage food operation to operate throughout the state, so you can sell and ship to customers anywhere in the state without registering again in each county. The sales limit covers online orders too.

California cottage food label requirements

Every package needs a label that follows state and federal labeling law. The CDPH labeling guide lists what goes on it:

  • The common name of the food on the front (the principal display panel).
  • The words "Made in a Home Kitchen" (or "Repackaged in a Home Kitchen") in 12-point type on the front panel.
  • The name, city, and zip code of the operation.
  • Your registration or permit number and the county that issued it.
  • Ingredients in descending order of predominance by weight.
  • Net quantity in both English (pound) units and metric units (grams).
  • A plain-language declaration of any major food allergens, such as milk, eggs, wheat, tree nuts, peanuts and soy.

Nutrition Facts panels will generally not be required for CFOs. You need one only if the label makes nutrient content or health claims, such as "low sugar" or a claim about a health condition.

What California cities and counties can add

Cities and counties cannot ban cottage food in homes: a city or county shall not prohibit a cottage food operation. It must instead classify the business as a permitted use of residential property for zoning purposes, issue a nondiscretionary permit, or require a use permit. Local rules may cover spacing and concentration, traffic control, parking, and noise control, and review fees shall not exceed the costs of the review and permit process.

Beyond zoning, your city may require its own business license, and an HOA or lease can have its own rules. Requirements vary by city and county, so check with your city hall and county environmental health department before you start. This page is general information about California cottage food law, not legal or tax advice.

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Questions about California cottage food law

Do I need a cottage food license in California?

Yes, California cottage food law requires every home food business to register or get a permit before it opens. Class A operations register and submit a self-certification checklist; Class B operations get a permit after an inspection. Both apply to your local Environmental Health Department, not to CDPH, which does not permit or register Cottage Food Operations.

How much can I sell under California cottage law?

California cottage law limits gross annual sales to $88,878 for a Class A operation and $177,756 for a Class B operation in 2026. The statute set the base at $75,000 and $150,000, and the limits are annually adjusted for inflation based on the California Consumer Price Index, so the figure changes each January.

Can I sell cottage food online in California?

Yes, a California cottage food operation can sell online. Direct sales include transactions made via the phone, internet, and any other digital method, and orders can be fulfilled in person, via mail delivery, or using any other third-party delivery service. A direct sale is defined as a transaction within the state between a cottage food operation and a consumer, so out-of-state shipping is not covered by the cottage food rules.

What is the difference between a Class A and Class B cottage food operation?

A Class A cottage food operation in California sells directly to the public and shall not be subject to initial or routine inspections. A Class B operation sells directly to the public or indirectly through restaurants and food markets, needs a permit issued after an initial inspection, and can face one routine inspection a year. Class B also has the higher sales limit.

How much does a cottage food license cost in California?

The cost of a California cottage food license depends on the county, because each county environmental health department sets its own registration and permit fees. A Class B permit also comes with an initial kitchen inspection, so ask your county for both class fees, plus any city zoning or business license fee, before you apply.

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